Trump’s New Executive Order: Understanding the Birthright Citizenship Ban

Last updated on 3 minutes ago

In a move that has sparked widespread controversy, former President Donald Trump has signed an executive order aimed at restricting birthright citizenship in the United States. This order, which is set to take effect after February 19, 2025, seeks to deny U.S. citizenship to children born in the United States to certain groups of parents.

Who’s Affected?

The executive order specifically targets children born to mothers who are unlawfully present in the United States and fathers who are not U.S. citizens or lawful permanent residents. Additionally, children born to mothers who are lawfully but temporarily present in the United States, such as those on non-immigrant visas, may also be denied citizenship.

The 14th Amendment: A Constitutional Challenge

The order’s constitutionality is being questioned, as it appears to contradict the 14th Amendment of the U.S. Constitution. The amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Supreme Court has consistently upheld this interpretation, with landmark cases such as United States v. Wong Kim Ark (1898) and Plyler v. Doe (1982) affirming birthright citizenship.

This order, which is set to take effect after February 19, 2025, seeks to deny U.S. citizenship to children born in the United States to certain groups of parents. Share on X

Reactions and Potential Consequences

The American Civil Liberties Union (ACLU) has already filed a legal challenge to the executive order, arguing that it is unconstitutional and discriminatory ³. If the order is upheld, it could have far-reaching consequences for families and individuals affected by the ban. Alternatively, if the Supreme Court rules against the order, Trump may attempt to introduce a constitutional amendment to change the 14th Amendment, although this is considered unlikely.

What’s Next?

As the legal battle unfolds, it’s essential to stay informed about the developments and potential implications of Trump’s executive order. VisasAndTravels will continue to provide updates and insights on this critical issue.